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ARCHIVED - Broadcasting Decision CRTC 2014-291

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Route reference: 2014-56

Ottawa, 3 June 2014

Cogeco Diffusion Acquisitions inc.
Montréal (Quebec)

Application 2013-1579-7, received 8 November 2013

CKBE-FM Montréal – Licence renewal

The Commission renews the broadcasting licence for the English-language commercial radio station CKBE-FM Montréal from 1 September 2014 to 31 August 2021.

Application

  1. The Commission received an application to renew the broadcasting licence for the English-language commercial radio station CKBE-FM Montréal (formerly CFQR‑FM Montréal).
  2. The Association québécoise de l’industrie du disque, du spectacle et de la vidéo (ADISQ) filed an intervention regarding this application. Specifically, ADISQ expressed concern over the fact that the licensee had not been further questioned concerning the broadcast of montages containing very few or no Canadian musical excerpts. The public record for this application can be found on the Commission’s website at www.crtc.gc.ca or by using the application number.

Commission’s analysis

  1. When properly used, montages can allow audiences to discover new Canadian artists or selections that otherwise would not be broadcast. However, given that each montage is considered a single musical selection for the purposes of calculating the levels of French-language and Canadian musical selections, it is important to determine that their use is appropriate and does not result in maintaining the regulatory levels for Canadian content and French-language music, while considerably reducing the broadcast of such selections.
  2. To address this concern, in Broadcasting Information Bulletin 2011-728, the Commission expressed the view that any broadcaster that would devote more than 10% of its programming over the broadcast week to montages would appear to have failed to meet the objectives of the regulatory framework and the intent of the policy on montages. If a broadcaster is using montages improperly, the Commission could decide to impose specific measures, including a condition of licence limiting the use of montages.
  3. The Commission also specified that when it examines a station’s musical programming, it looks at all the components of this programming to determine if the licensee is meeting its obligations. In this case, the Commission notes that although the montages broadcast by CKBE-FM contained few or no Canadian musical excerpts, its analysis of the station’s overall musical programming reveals that the licensee devoted less than 10% of its programming to montages and that it is in compliance with the regulatory requirements for Canadian music. Accordingly, the Commission does not consider it necessary at this time to impose specific measures, such as a condition of licence, limiting the use of montages.

Conclusion

  1. In light of all of the above, the Commission renews the broadcasting licence for the English-language commercial radio programming undertaking CKBE-FM Montréal from 1 September 2014 to 31 August 2021. The conditions of licence are set out in the appendix to this decision.

Reminder

  1. Pursuant to section 22 of the Broadcasting Act, the broadcasting licence renewed in this decision will cease to have any force or effect if the broadcasting certificate issued by the Department of Industry lapses.
  2. The licensee must fulfill all of its remaining tangible benefits commitments pursuant to the terms set out in Broadcasting Decision 2010-942.

Employment equity

  1. Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with the Department of Employment and Social Development, its employment equity practices are not examined by the Commission.

Secretary General

Related documents

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2014-291

Terms and conditions of licence for the English-language commercial radio programming undertaking CKBE-FM Montréal

Terms

The licence will expire 31 August 2021.

Conditions of licence

  1. The licensee shall adhere to the conditions of licence set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009, as amended from time to time.
  2. The licensee is authorized to use a Subsidiary Communications Multiplex Operation (SCMO) channel to distribute ethnic programming in the Portuguese language. The Commission reminds the licensee that as stated in section 3(1)(h) of the Broadcasting Act, the licensee is responsible for the programs that it broadcasts. The licensee is therefore expected to ensure that its SCMO service is operated in a responsible manner and to adhere to the guidelines regarding the provision of SCMO services set out in Appendix A to Services using the vertical blanking interval (television) or subsidiary communications multiplex operation (FM), Public Notice CRTC 1989-23, 23 March 1989.
  3. The licensee shall not broadcast more than 20 minutes of paid commercial messages in any broadcast day on the SCMO channel.
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